Can a person who owns a primary residence as joint tenants only with the other spouse, continue to live in the house, if the spouse is in a nursing home and must qualify for Medical Assistance (Maryland Medicaid)?
Generally, the house (“home property”) is an exempt asset as long as the “community spouse,” who does not need nursing home care, is living in the house as her or his primary residence. With some limited exceptions, the community spouse cannot be forced to sell the house titled either as joint tenants with right of survivorship or as tenants by the entirety, simply because the “nursing home spouse” must qualify for Medical Assistance.